Trump administration tries to enforce trans athletes ban, with mixed results

President Donald Trump has tried enforcing a policy to ban transgender women from participating in women's sports in schools, with mixed results. 

Since Trump's February executive order, the Education Department has opened Title IX investigations into more than 20 entities including state education departments, statewide athletic associations and school districts for their policies related to sports participation in K-12 schools. The administration argues that schools that let transgender girls play on girls sports teams violate civil rights law. Transgender girls were assigned male at birth but identify as girls.

Enacted in 1972, Title IX prohibits sex-based discrimination in federally funded schools. The law applies to admissions, classrooms and sexual harassment policies. It is most well-known for how it changed athletics by requiring that women and men be provided equitable participation opportunities.

The administration set up a joint Justice and Education department "special investigations team" to review athletic policies and manage the cases.

Under the Biden administration, the Education Department finalized regulations that expanded Title IX protections to LGBTQ+ students (in areas outside of athletics), but they were blocked by a federal court. The Biden administration also proposed regulations that would have banned schools from adopting "one-size-fits-all" policies on transgender athletes, but they were never formalized. 

The Trump administration has reverted to enforcing regulations from Trump's first term and is using Title IX as support for its policy against transgender athletes.

The Education Department's Office of Civil Rights has launched investigations into several states' school athletic policies, including in California, Maine and Minnesota. Twenty-seven states have laws banning transgender athletes from participating in sports teams consistent with their gender identity.

Some organizations have complied with the department's requests to change their policies to ban transgender girls from participating in girl's school sports. On Feb. 20, the Education Department said that the Wisconsin Interscholastic Athletic Association and the New Hampshire Interscholastic Athletic Association changed policies to comply with Trump's directive.

The University of Pennsylvania also entered a resolution with the Education Department on July 1 after it found the university had violated Title IX by allowing transgender swimmer Lia Thomas compete with women in 2022. As part of the resolution, the University of Pennsylvania agreed to change its policies, strip Thomas of her records and titles, and send an apology letter to "each impacted female swimmer."

But the administration has not had universal success implementing this order. 

After finding that Maine violated Title IX, the Agriculture Department cut federal nutrition funding to the state. Maine sued, and the administration settled, allowing funds to continue. But the administration filed a separate lawsuit against the state.

On June 25, the Education Department found that California violated Title IX by letting trans athletes participate in women's sports. A trans high school junior, AB Hernandez, participated in the state's track-and-field championship. 

Her participation prompted the California Interscholastic Federation, which oversees school sports, to issue a temporary rule change letting more female athletes participate in the events that Hernandez was competing in and allowing more medals to be given to female athletes if Hernandez got a medal. 

The Trump administration's demands conflict with a 2013 California state law that lets students participate in sports according to their gender identity.

Despite California's law, the Education Department demanded that transgender girls be prohibited from playing on girls teams altogether, and gave the state 10 days to comply. On July 7, California rejected the Education Department's demands. In response, the Justice Department sued California.

Overall, Trump's promise to ban transgender women from participating in women's sports has resulted in some policy changes, but some states and athletic organizations are still allowing inclusive participation. We'll continue to monitor this order and its fallout. For now, Trump's pledge remains In the Works.